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Merger of British Transport Police Scottish Division with Police Scotland 3 DEBATE PACK Number CDP-2018-0058, 5 March 2018 Merger of British Transport Compiler: Sarah Pepin Subject specialist: Pat Police Scottish division with Strickland (Police) Police Scotland Contents 1. Background 2 Westminster Hall, Tuesday 6 March 2018, 1.1 Introduction 2 2. News and blogs 5 9.30am 2.1 Press 5 A Westminster Hall debate on the Merger of British Transport Police Scottish 3. Parliamentary Business 8 division with Police Scotland is scheduled for Tuesday 6 March 2018 at 9.30am. 3.1 Debate 8 The Member leading the debate is Douglas Ross MP. 3.2 Parliamentary Questions 8 4. Organisations and further reading 11 The House of Commons Library prepares a briefing in hard copy and/or online for most non-legislative debates in the Chamber and Westminster Hall other than half-hour debates. Debate Packs are produced quickly after the announcement of parliamentary business. They are intended to provide a summary or overview of the issue being debated and identify relevant briefings and useful documents, including press and parliamentary material. More detailed briefing can be prepared for Members on request to the Library. www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Number CDP-2018-0058, 5 March 2018 1. Background Summary Following the devolution of transport policing as part of the Scotland Act 2016, the Scottish Government is pursuing proposals to incorporate British Transport Police’s Scottish function into Police Scotland. The Scottish Parliament passed the Railway Policing Scotland Act 2017 which removes British Transport Police (BTP) functions in Scotland, and deals with contractual arrangements between a railway operator and the Scottish Police Authority. It also gives Police Scotland constables powers of entry in relation to specified railway property. The two Governments were working to a target date of April 2019 to complete the transfer of responsibilities. However, on 20 February 2018, the Scottish Government announcedhttps://news.gov.scot/news/railway-policing-integration that the Joint Programming Board overseeing the integration had agreed to a longer timetable to allow for “enhanced engagement with officers, staff and their representatives on key issues, including pay and conditions”. 1.1 Introduction The British Transport Police (BTP) is the police force for the railways, providing a policing service to Network Rail, rail and freight operators, their staff and their passengers throughout England, Wales and Scotland. Unlike Home Office police forces. most of which are overseen by elected Police and Crime Commissioners, oversight for the BTP is provided by the British Transport Police Authority (BTPA) whose fifteen members who are appointed by the Secretary of State. The functions and powers of the BTP and the BTPA are set out in Part 3 of the Railways and Transport Safety Act 2003. Following the referendum on Scottish independence in September 2014, the then Prime Minister David Cameron announced that Lord Smith of Kelvin would oversee the process taking forward devolution commitments of further powers for the Scottish Government and Parliament. Among the heads of agreement which received cross-party agreement was that railway policing should be a devolved matter.1 The agreement was put on a statutory basis by the Scotland Act 2016. Section 46 of the 2016 Act designated the BTPA and chief constable, deputy chief constables and assistant chief constables of the BTP ‘cross- border public authorities’. As a result, future appointments to these posts can only be made in consultation with Scottish Ministers. Other 1 Smith Commission, Report of the Smith Commission for further devolution of powers to the Scottish Parliament, 27 November 2014, p21 Merger of British Transport Police Scottish division with Police Scotland 3 functions in relation to BTP and BTPA will similarly only be able to be exercised in consultation with the Scottish Ministers, unless their effect on Scotland would be wholly in relation to reserved matters. Section 45 of the 2016 Act also amended Part 2 of Schedule 5 to the Scotland Act 1998 to give the Scottish Parliament competence to legislate for policing of Scotland’s railways. In June 2016, the Scottish Government published a consultation paper asking for views on how BTP in Scotland should be integrated into Police Scotland, including governance and accountability arrangements.2 In its Programme for Scotland 2016-17, the Scottish Government indicated its intention to introduce a Bill to allow for the integration of BTP’s Scottish functions into Police Scotland.3 Under the Scottish Government’s proposals, BTP’s functions in Scotland would be fully integrated into Police Scotland, although a specialist railway policing unit would be maintained. Oversight would be provided by the Scottish Police Authority (SPA) rather than the BTPA. The industry would continue to fund railway policing in Scotland with Railway Policing Agreements between the industry and Police Scotland replacing PSAs and setting out the terms of the service.4 The Scottish Government believes that integrating the BTP’s functions in Scotland with Police Scotland would deliver significant operational benefits, including integrating railway policing with airports and roads policing, and joint-up processes to identify links between crime in the railways and in wider communities. However, a majority of the respondents to the Scottish Government’s consultation and the Scottish Parliament’s Justice Committee’s call for evidence opposed the full integration of BTP’s Scottish functions into Police Scotland.5 Further detail on the policy background is in section 2.5 of Library Briefing Paper 3119, British Transport Police. The Railway Policing Scotland Act 2017 was passed by the Scottish Parliament on 27 June 2017 and received Royal Assent on 1 August 2017. The Act is “first step” in devolving powers to Police Scotland; the subordinate legislation needed to deal with issues such as the transfer of staff, assets and liabilities would be considered by both the Scottish and UK Parliaments. The Act removes the functions of the BTPA and the BTP which are set out in Part 3 of the Railways and Transport Safety Act 2003 in or as regards Scotland. It also covers: • The contractual arrangements between a railway operator and the SPA (railway policing agreements – or RPAs) 2 Scottish Government, The Integration of the British Transport Police in Scotland into Police Scotland: A Consultation, June 2016, para 6 3 Scottish Government, A Plan for Scotland: The Scottish Government’s Programme for Scotland 2016-17, 6 September 2016, p12 4 Scottish Government, Policy Memorandum to the Railway Policing (Scotland) Bill, 8 December 2016, para 21 5 Justice Committee, Stage 1 Report on the Railways Policing (Scotland) Bill, SP Paper 132, 28 April 2017, Executive Summary 4 Number CDP-2018-0058, 5 March 2018 • What happens when a dispute arises about RPAs • How the SPA must engage with railway operators and railway users • The new responsibilities of Police Scotland’s chief constable to assist the SPA with negotiating RPAs with operators • New powers of entry for Police Scotland constables in relation to specified railway property, similar to the powers of entry currently available to BTP constables The two Governments were working to a target date of April 2019 to complete the transfer of responsibilities.6 However, on 20 February 2018, the Scottish Government announced that the Joint Programming Board overseeing the integration had agreed to a longer timetable which would “allow for enhanced engagement with officers, staff and their representatives on key issues, including pay and conditions”. 6 Letter from the Lord Dunlop, Parliamentary Under Secretary of State, Scotland Office to the Lord Faulkner of Worcester, 31 January 2017 Merger of British Transport Police Scottish division with Police Scotland 5 2. News and blogs Scottish Centre for Crime and Justice Research 83% of British Transport Police unsupportive of merger with Police Scotland 21 February 2018 Scottish Government Railway policing integration 20 February 2018 British Transport Police Revised timetable for railway policing integration in Scotland 20 February 2018 TSSA Rail security concerns after SNP and Tory establishment left in complete disarray by BTP merger fiasco 26 January 2018 TSSA British Transport Police (BTP) merger of Police Scotland hits delays 23 January 2018 2.1 Press Scotsman Controversial rail policing merger is thrown into doubt 21 February 2018 Herald (Scotland) British Transport Police merger with Police Scotland 'delayed indefinitely' 21 February 2018 6 Number CDP-2018-0058, 5 March 2018 Daily Record Police Scotland and British Transport Police merger halted as opposition parties call to axe scheme 20 February 2018 BBC News BTP and Police Scotland merger to be delayed 20 February 2018 Herald (Scotland) Agenda: time for a rethink on rail police merger Kath Murray 25 January 2018 Times [Registration required] Warning over ‘impossible’ merger of Police Scotland and British Transport Police 24 January 2018 BBC News Warning over transport police merger date 23 January 2018 Herald (Scotland) Merging British Transport Police with Police Scotland jeopardises fight against terrorism, House of Lords told 11 January 2018 Scotsman Concern over number of rail police set to quit new force 3 January 2018 BBC News MSPs pass Scottish railway policing merger bill 27 June 2017 Merger of British Transport Police Scottish
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